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Mom Who Set Son On Fire With His Puppy May Get Death

http://www.wftv.com/news/5114454/detail.html?treets=orlc&tid=2651334445813&tml=o\
rlc_12pm&tmi=orlc_12pm_1_11000310182005&ts=H

POSTED: 6:52 am EDT October 18, 2005

ELYRIA, Ohio -- A woman who was severely burned as a
child has been found guilty of killing her 4-year-old
son and setting his body on fire.

An Ohio jury convicted Nicole Diar on 10 counts
Monday, including two of aggravated murder aggravated
arson and tampering with evidence. The 28-year-old
woman could receive the death penalty.


When firefighters discovered her son Jacob's body, he
was so badly burned that the coroner was unable to
determine a cause of death. Prosecutors believe Jacob
was suffocated or drowned before Diar burned his body
and his new puppy.

Prosecutors allege Diar drugged Jacob with codeine,
then strangled him as he slept in his bedroom, before
setting the house on fire.

"Jacob went to bed one evening in his mother's home,
in his mother's care and never woke up again," said
Gary Bennett, the Lorain County prosecutor.

The October coroner's report ruled the death a
homicide and stated that the cause of death was
"violence of an unknown origin."

The defense said the woman wasn't capable of setting
the blaze because Diar herself sustained disfiguring
injuries in a fire when she was also 4 years old. The
woman was burned as a child when her brother ignited
her nightgown with a lighter. She underwent years of
surgery so that she could move her arms and neck.

Diar had said that God was responsible for the death
of her son Jacob's August 2003 death. She said, "He
burned me, and now He burned him."

Some of the most damaging testimony came from baby
sitters who watched Jacob, according to WEWS in
Cleveland.


Months before Jacob's death in August 2003, Diar
drugged him with codeine while she went out to party,
baby sitters testified.

"His well-being was secondary to her lifestyle,"
Assistant Prosecutor Tony Cillo said. "She couldn't be
bothered."

Sitters told the court Jacob was actually afraid to
sleep in his second-floor room.

Police also said that on the night of the crime, Diar
was out for a night on the town, drinking and singing
into a karaoke machine.

But the defense painted a different picture of a
loving mother who always cared for the well-being of
her son.

Some neighbors alleged the boy was at times neglected.


Diar's lawyer, Jack Bradley, admitted his client
wasn't the best mother but questioned a report from
state fire investigators that had the fire starting in
different rooms.

"Faulty forensics can lead to faulty evidence,"
Bradley said in closing arguments Monday.

If she gets the death penalty, Diar would be the
second woman on Ohio's death row.
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"Children learn what they live"